Dump Truck Accident Attorneys in Charlottesville, VA

People injured in dump truck accidents can suffer significant physical, emotional, and financial losses. Due to their large size and weight, dump trucks pose significant dangers on the road. If you’ve been injured in a dump truck accident, the experienced truck accident lawyers at Kendall Law Firm can help. Our seasoned legal team is committed to advocating for your rights and pursuing the compensation you deserve. Call now for a free consultation.

How an Experienced Truck Accident Attorney Can Help in Your Dump Truck Case

When you’re involved in a dump truck accident, the legal complexities of filing a claim can be daunting. That’s where Kendall Law Firm comes in. With over 30 years of experience handling truck accident cases and a steadfast commitment to serving the local community, we help injured individuals get the compensation they deserve. We never represent large corporations or insurance companies.

Our law firm is 100 percent focused on personal injury cases. That means we can manage the legal process and pursue compensation for your injuries so you can focus on your recovery. Our team can gather evidence to establish the other party’s negligence and liability. Our personal injury attorneys are skilled negotiators. We can work with insurance companies to seek a fair settlement. If the insurance company refuses to offer a reasonable amount, we are ready to take your case to court.

In Virginia, you only have two years to file a lawsuit for compensation against the party that injured you, according to the statute of limitations. That timeframe is shorter if the at-fault party was the Commonwealth or a municipality, in which case you have one year or six months, in some cases. Hiring an experienced dump truck accident lawyer is a wise move. We can advise you about which deadlines apply and make sure you don’t miss any.

Our results speak for themselves. We have helped local accident and injury victims get the compensation they deserve. When you choose Kendall Law Firm, you’re choosing dedicated advocates who will fight tirelessly for you. Contact our dump truck accident lawyers today to begin the process of recovering compensation for your truck accident injuries.

Common Causes of Dump Truck Accidents

Common causes of dump truck crashes include:

• Heavy loads: Proper cargo weight and placement are essential when operating any truck. If a loader overloads the vehicle, the truck driver could have difficulty turning or controlling the speed, which could result in the vehicle toppling over. Industry standards regulate the proper loading of a truck’s cargo. Truck drivers and cargo loading teams must adhere to the requirements for the weight, size, length, width, and height of the truck they’re loading.
• Loose cargo: If cargo isn’t properly loaded or secured, it can come loose. Cargo can fall on the road, create hazards for other drivers, and cause crashes, particularly on highways. Unbalanced loads can cause the truck to become top-heavy and increase the potential for a rollover accident. Careful and secure loading of cargo is so important, that the Federal Motor Carrier Safety Administration (FMCSA) provides detailed regulations for securement.
• Poor visibility: Reversing a dump truck can be challenging because the dump truck driver can’t see over the dump box behind the cab. It blocks most of the driver’s rear sightlines. Dump trucks could strike bystanders, objects near them, or other vehicles due to large blind spots. Anyone driving a dump truck should use a spotter and their side mirrors while backing up.
• Inexperienced drivers: If the dump truck weighs more than 26,000 pounds, the operator needs a commercial driver’s license (CDL) and training to drive the truck. However, trucking companies often rush training, putting inexperienced drivers behind the wheel. Some trucking companies will hire inexperienced drivers to save money or because they’re understaffed. Without adequate training and education, dump truck drivers end up on the roads without understanding how to handle these complicated vehicles. Improperly trained drivers, or those with little experience, are more likely to cause a crash. Inadequate training may result in overloading, improper securing of cargo, or misjudging clearances, all of which can lead to dangerous situations.
• Driver fatigue: One of the most common causes of collisions is drivers who are simply tired and unable to make good judgment calls on the road. There are rules for how many hours of rest drivers must get, but trucking companies sometimes push their drivers to make up time, or drivers might get behind the wheel when they’re too tired to drive safely.
• Failing to yield to traffic: If a dump truck driver fails to yield to oncoming traffic or when merging onto a roadway, the weight of their vehicles can cause a significant, life-threatening crash.
• Tire blowouts. Heavy loads and constant use can stress a dump truck’s tires, leading to sudden blowouts that result in loss of control.
• Mechanical issues: Problems with brakes, steering systems, or other crucial components can result in catastrophic injuries. Tire blowouts are a leading cause of fatal accidents. Regular maintenance and thorough inspections are imperative to identifying and addressing potential mechanical failures before they escalate into accidents.
• Flying debris: Because dump trucks are often used in construction, they frequently carry huge loads of sand, dirt, rock, and other materials to and from construction sites on local roadways and highways. Debris can easily fly off the dump box, hitting bicyclists, walkers, motorcyclists, and other vehicles or creating obstacles on the roadway.
• Distracted driving: Any distraction that takes the trucker’s attention off the road, including texting, changing the controls on any system inside the cab, checking GPS, or talking to others in the cab or on the CB, can leave the driver unable to respond to quickly changing circumstances on the road.
• Impaired driving: If a dump truck driver is under the influence of drugs or alcohol, their response time and cognition will be impaired, making them less able to safely avoid situations that could result in crashes.
• Aggressive driving: Any time a dump truck driver speeds, changes lanes aggressively, tailgates, or engages in other reckless driving behaviors behind the wheel, they risk causing crashes with other vehicles on the road.

Our truck accident attorneys have extensive experience handling various types of truck accident cases. We can investigate the accident scene, review your medical records, and work with experts to determine how the collision occurred.

Liable Parties in Dump Truck Accident Cases

Virginia is an “at-fault” insurance state. This means you have the right to file a claim for compensation from the party whose negligence caused the crash. Multiple parties may be liable for injuries caused by a dump truck crash, including:

• Dump truck driver: Commercial drivers must adhere to local, state, and federal safety and traffic laws. If their wrongful behavior caused a crash, they could be liable for the subsequent injuries.
• Truck owner or leasing company: Trucking companies might be liable if the accident resulted from poor maintenance or if they knowingly allowed an unsafe truck or an unqualified driver on the road. The trucking company can also be liable for the negligent actions of its drivers.
• Loading company: If the truck’s cargo was improperly loaded or secured, the company responsible for that task could be held accountable for the crash.
• Truck manufacturer: If a manufacturing defect led to the accident, the company that produced the truck or its faulty parts may be liable.
• Third-party contractors: Dump truck operations may involve third-party contractors responsible for collection or other related tasks. Private companies like Waste Management, Inc. (one of the world’s largest waste disposal companies) contract with commercial, industrial, and municipal customers to provide waste management services. If a third-party contractor’s negligence caused the accident, they may bear liability for the resulting injuries. Determining the relationship between the contractors and the dump truck company is vital in understanding their respective responsibilities and potential liability.
• Municipal, city, or Commonwealth agencies: Dump trucks are often operated by government entities or agencies responsible for waste management or construction projects. In accidents involving government-owned dump trucks, specific rules and regulations may apply. It is essential to determine if the government entity was negligent in hiring, training, or supervising the driver or if there were issues with vehicle maintenance. Filing a claim against a government entity requires adherence to specific procedures and deadlines and overcoming potential immunity defenses.

Determining liability in dump truck accidents requires a comprehensive examination of the facts, evidence, and applicable laws. Each case is unique. The specific circumstances surrounding the accident will dictate the potential liability of the involved parties. Consulting with an experienced dump truck accident attorney is crucial.

Compensation You Can Recover in Dump Truck Accident Claims

If you were injured in a dump truck crash due to someone else’s wrongdoing, you may be entitled to compensation for your accident-related losses, such as:

• Medical expenses
• Lost wages
• Reduced future earnings
• Pain and suffering
• Diminished quality of life
• Damaged personal property

Call Our Experienced Truck Accident Lawyers for a Free Consultation

If you’ve been injured in a dump truck accident, the personal injury attorneys at Kendall Law Firm are here to help. We serve clients in central Virginia, including Charlottesville, Harrisonburg, Winchester, Staunton, Woodstock, and nearby areas. Call us today for a free consultation.